Bill Tieleman is one of BC's best known communicators, political commentators and strategists.
Bill writes a politics column Tuesdays in 24 Hours newspaper and The Tyee online magazine.
Bill has been Communications Director in the B.C. Premier's Office and at the BC Federation of Labour.
Bill owns West Star Communications, a consulting firm providing strategy and communication services for labour, business, non-profits and government.

Railgate questions? Asked and Answered, Says Premier Christy Clark

Premier calls me out as she rejects Basi-Virk inquiry. Yet questions do persist.

"I think it would probably come up with some conclusions that would clear up a lot of myths that people like Bill Tieleman might like to perpetuate."

- Premier Christy Clark on a B.C. Legislature Raid inquiry

Christy Clark still rejects holding an inquiry into the biggest political scandal in recent B.C. history -- about two ex-BC Liberal ministerial aides passing confidential government information on the $1-billion sale of BC Rail to lobbyists for one bidder.

The premier claimed Thursday there are no questions to be answered after last year's surprise guilty pleas of ex-government aides David Basi and Bob Virk.

And Clark says an inquiry wouldn't embarrass her, but would actually clear up myths that I'm allegedly spreading.

Clark was deputy premier at the time of the deal, when police raided the B.C. legislature in December 2003 with an unprecedented search warrant to obtain evidence -- and her own brother Bruce's home was also searched by police, because of his links to Basi and Virk.

The BC Liberal government paid Basi and Virk's $6-million legal fees despite their admission of guilt, as part of the plea bargain deal that ended their trial after just two of an estimated 40 witnesses -- including possibly Christy Clark herself -- had testified.

But in response to a question I posed for Shaw Cable's Voice Of B.C. last Thursday, Clark told host Vaughn Palmer it would be "really expensive" to hold an inquiry to get to the truth -- so she won't.

The idea that there are no questions to be answered is absurd.

Instead of "myths," we actually have some cold, hard facts that many people would likely wish to see further examined.

Statements of fact

For example, a joint "Statement of Facts" entered in B.C. Supreme Court by special prosecutor Bill Berardino and defence lawyers for Basi and Virk says the police search of Bruce Clark's home found confidential government bidding information about a related BC Rail privatization effort.

Basi and Virk pled guilty to breach of trust and fraud in part because of their role in illegally passing information to Bruce Clark -- who was never charged -- about the proposed $70 million sale of the BC Rail Port Subdivision in Roberts Bank.

The Statement of Facts reads: "With respect to Count 10 of the Indictment and in relation to the Port Subdivision bidding process, the RCMP seized a number of documents from Bruce Clark's office and residence, which Basi and Virk disclosed to Bruce Clark between Jan. 1, 2003 and Dec. 28, 2003."

"Two examples of the documents that Basi and Virk improperly disclosed to Clark are:

"a) The draft Request for Proposals for the Port Subdivision bidding process, which was received by Clark prior to the RFP being finalized by the Evaluation Committee; and

"b) A 'confidential presentation' made by TD Securities to the Evaluation Committee dated Oct. 14, 2003 containing a detailed economic analysis of what BC Rail considered to be the value of the Port Subdivision."

Christy Clark has acknowledged Bruce Clark played an undetermined role in her BC Liberal leadership campaign, but has declined requests from The Tyee to explain his duties, which weren't mythical.

Bruce Clark has not spoken to media at any point about his role in either the BC Rail situation or his sister's campaign.

Clark points to Toope report

Christy Clark has repeatedly denied any wrongdoing in the BC Rail case and police have said no cabinet ministers were investigated.

In a 2004 police interview with Erik Bornmann -- a lobbyist for losing BC Rail bidder OmniTRAX who turned into the key Crown witness against Basi and Virk -- he claims he discussed his client's bid with Christy Clark and other cabinet ministers.

"We were very interested to see what cabinet ministers we could count on as being allies for our bid. We've expected Gary Collins, Christy Clark, Rick Thorpe to be supportive simply on account at the meetings that we had with them and some follow-up, some follow-up conversations," Bornmann says in the police transcript that was released by the courts after a media disclosure application filed by the Globe and Mail newspaper and CTV. Collins was then-finance minister and Thorpe competition minister.

Later, Bornmann elaborates.

"I had a conversation with Christy Clark and with Bobby Virk and Dave Basi separately and Dwight was, Dwight Johnson [OmniTRAX executive] was in the regular habit of wanting information on the BC Rail process," Bornmann said.

"I'd met Christy, I'm, as you know, friends and acquaintances with Christy's husband [now ex-husband Mark Marissen] and I'd a, I'd sort of broached the topic I mean, just trying to recall, I broached the topic or I promised Brian [Bornmann lobbyist partner Brian Kieran] that I'd broach the topic of BC Rail with Christy but I didn't receive, didn't receive anything terribly useful from her just a, Basi and Virk would have obviously have a, provided me with information on whatever was taking place, but Christy wasn't providing any information beyond what politicians tell people," Bornmann told police.

Clark says she is proud of a "great report" she requested by University of B.C. president

Stephen Toope into her government's payment of legal fees to Basi and Virk without any effort to recover those funds when they pled guilty.

The report, Clark says, will "make the process better" in dealing with public servants facing criminal charges in the future.

But regardless of Toope's esteemed role as a senior professor of law and well-deserved reputation, there is also the fact that UBC receives hundreds of millions of dollars from the provincial budget each year. If Clark had wanted to pick a person with no ties to government spending, she could have done so.

Clark also could have asked Toope to investigate why Basi and Virk's legal fees were exempted from repayment when they pled guilty. But she didn't.

Questions not yet answered

B.C. auditor general John Doyle -- who is independent of government -- is also investigating the Basi-Virk payments and has been forced to go to court to gain access to government documents.

Doyle's report may eventually provide some limited answers, but is more likely to raise new questions about what happened.

A key one is why the defence alleged for years that a "consolation prize" -- the Roberts Bank port-subdivision rail line -- was to be offered by the government to OmniTRAX in exchange for the company staying in the bidding after CP Rail and Burlington Northern Sante Fe Railroad both quit,saying the process was tainted?

The reality for Clark is that unless and until some independent inquiry is held to address such questions that a full trial may have answered, the BC Legislature Raid case will continue to smell like bad cheese in the fridge.

David Basi has called for a public inquiry, in an exclusive interview with 24 Hours and The Tyee in February.

"I want everything released, all the transcripts of the wiretaps -- not just snippets -- let's get it all out," Basi told. "I have consistently called for all documents in this case to be released and for a public inquiry, which I will fully cooperate with."

But the one person who could call an inquiry isn't going to do so.

Here's Clark's exchange with Vaughn Palmer after my question was posed to her.

Palmer: "But the difference between your party and the NDP at the moment is -- Adrian Dix was on the show just recently, he says there still needs to be a public inquiry into BC Rail and your position is we don't need one."

Clark: "Yeah, my position is two people were convicted and I think people want to move on. It was a hugely expensive process and I think people want to move on from it because I don't know that there's a whole lot more to learn in the thing -- you know, two people were found guilty, by the courts. And so, you know, let's not throw any more good money after bad on this.

"We are struggling to try and find resources for all the things that we need to do already in British Columbia so you know, we're in really tough financial times, the world is in economic turmoil. We have to make sure we are lookin' after people in British Columbia and frankly I think that if, you know..."

Palmer: "You don't think that a public inquiry in this case would embarrass you?"

Clark: "Well, no I don't! Absolutely not! Absolutely not! And in fact I think it would probably come up with some conclusions that would clear up a lot of myths that people like Bill Tieleman might like to perpetuate.

"But the thing is it would be really expensive and I don't know that there are any more answers to be found out there."

When Clark says Basi and Virk were "found guilty by the courts," a more precise way to say it is that they pled guilty by their own admission in a deal negotiated by their lawyers with the Crown.

But the larger point is that finding out what really happened is not throwing good money after bad -- it is an essential part of democratic accountability.

If you believe an inquiry is needed, join my Basi-Virk Public Inquiry page on Facebook.

30 comments:

"Yeah, my position is two people were convicted and I think people want to move on...."

Umm yes there are people that want this thing to 'move on'. They're called the BC Liberals. I love how in the interview she specifically names Bill, but not Alex Tsukamis. I wonder why? I think that with the Grey Cup now over,and it being winter, there's going to be a lot less photo ops for Christy to hide in. I also got the distinct impression that Vaughn should have been playing that famous song "You spin me round round baby right round" when Christy was talking. She is a product of that era when that song came out. Who knew she would use it for her blathering mantra as premier.

If Ms. Christy is so sure she or her family did nothing wrong, why won't she simple arrange a public inquiry to stop having awful folks like Bill, asking questions, that she doesn't want to answer? And if she actually checks around, she will find its not just Bill asking such questions. a change of government will no doubt have such an inquiry so she and some " friends" better get ready to leave town. There was a policy about paying for government employees but if found guilty , they paid their own bills. Most everyone knew that, but the BC Liberals ignored it. Ever wonder why?

Surprised Palmer doesn't pick up on the "you knows" A good interviewer picks that up right away, understanding that the interviewee is uncomfortable with the question and wants to move on, you know. Correct followup is to say No, I don't know, but maybe preoccupation with the neckline derailed him. He's just a boy.

If Basi says he will cooperate totally, but the Clark Liberals will not, sounds fishy to me? Hmm , smells getting worse and worse.

Time for Adrian Dix and the NDP to step up and call for a "Full" public enquiry. If the NDP wants to see victory in the next election, promise this to the "people" of BC, and deliver. If there is "any" form of Obstruction of Justice, tainted bidding processes, collusion, or "any form" of political interferance in this at all,it is time to get the air cleared. Try the alledged, and jail for a minimum of 5 years, the guilty. Forget plea bargans and the like, the public has already lost $6 million on this nonsense.

I guarantee you will " fix" your broken political system. If Jail is the only means to prevent this type of political crap...use it!

If the Liberals cannot clear this mess up, it is time for the public to step up and demand it.

Where is the Attorney General in all this ? You are supposed to be impartial, the same with the Judicary. What is going on here?

Seems like the Auditor general is knocking on all the right doors, but is being obstructed in investigating the funds in question.

"Fast ferries? No inquiry by the BC Liberals when they too power. Why? They were in too much of a hurry to sell them for a fraction of their cost and use that to embarrass the NDP."

Bill doesn't know his political history. The Fastcats were initially put up for sale by Price Waterhouse by the NDP. No sale. Tried again. No sale. Joy McPhail was the only Minister Responsible that pleaded guilty on that fisaco. Dan Miller to his credit was steaming mad about the huge overrun cost. But Bill here doesn't mention that one.

The market simply did not want them at the time).

As far as the Nemetz Inquiry goes, that was a consequence of something that happened on Mike Harcourt's watch, well before Glen Clark. It's a prime facie why these "wanna get ya" inquiries are largely useless. If the NDP was smart on that one, the Inquiry would have lasted just a year, not keep going well beyond the end life of Harcourt.

Everyone is a patriot. Bill is a left wing blogger of a left wing blog. Sunday, 4 December, 2011 5:40:00 PM PST.Everyone has their own opinion and I for one tend to agree with Bill. Some well paid columnists say similar things to him as well. Come on anon, you ca do better than that, one would think

We need an inquiry in to BC Rail to answer all questions and we need a NEW LAW that prohibits politicians and their ilk from allowing a 999 year lease on future generations - that is criminal. The tipping point is coming!. Thanks for the keeping up the pressure Bill. Much appreciated.

Bill Tieleman and Senator Larry Campbell, former Vancouver mayor

Jim Sinclair, Cindy Oliver, Ken Georgetti and Bill Tieleman

Bill Tieleman's coverage of the Basi-Virk/BC Legislature Raid Case praised by other journalists:

"This outstanding piece of journalism, in The Tyee, is the work of a journalist who has been deeply involved with this issue from the start and this article should be passed on as far and wide as possible."

"Bill Tieleman from 24 hours . . . . If you want to know about this trial and about this case, you have to read his blog – I mean, that’s just all there is to it – it’s required reading if you want to understand the BC Legislature Raid situation."

- Mike Smyth, columnist, The Province

"The Basi-Virk case....you’ve probably sat through more of these hearings and gone through more of the files and written about it than any other journalist in the province."

- Bill Good, host, The Bill Good Show, CKNW/Corus Radio Network

"Tieleman ...has done a first-rate job covering the trial."

- Paul Willcocks, columnist, the Victoria Times-Colonist

"Tieleman, who marries a considerable journalistic talent with one of the smartest political minds in the province, has been writing more web-exclusive material. And his coverage of the Basi-Virk trial is a must-read -- whether you're an insider or an outsider."

"24 Hours, the Vancouver paper that has been leading the coverage, as well as the hints of conspiracy in B.C."

- Norman Spector, columnist, Globe and Mail

"Although the major media in this circumstance has been giving the case significant coverage, Tieleman's reports on his blog have been outstanding.

The entire cut and thrust of legal wrangling and arguments has been covered and is accompanied by considered analysis.....His blog site coverage of the Basi-Virk trial is the most in depth treatment of one of British Columbia's biggest political scandals."

- Bill Bell, columnist, The North Shore News

"Mr. Tieleman has published online dispatches which, freed from the limitations of newsprint space or broadcast time, can run at length. They also remain available for those select readers who become obsessed with a case also known as Railgate.....

In another bizarre twist to a story with no shortage of them, Mr. Tieleman went to work one day in December only to discover his office had been ransacked. Bookcases had been tipped over and papers strewn, but nothing was missing.

To top it off, a press kit for the self-published novel The Raid, written by a retired military officer in Metchosin and featuring on its cover a photograph from the 2003 police raid, had been left in a conspicuous place."

- Tom Hawthorn, columnist, The Globe and Mail

Nobody has followed the Basi-Virk affair over its past five years with greater diligence than local journalist, Bill Tieleman....Tieleman deserves our thanks, a fistful of journalism awards and some merit citation for citizenship.